Tag Archives: ISF

Updated Importer Security Filing (ISF) Enforcement

Friday, June 17, 2016

Updated Importer Security Filing (ISF) Enforcement

Customs and Border Protection has posted a message via Cargo Systems Messaging Service (CSMS) # 16-000499 stating that shipments that are on the water on or after June 30, 2016, CBP ports will no longer be required to send requests for liquidated damages (LD) claims to Headquarters for review, and the “three-strikes” approach to LD claims against importers’ bonds will also end. There is no change to cargo holds for ISF non-compliance; ports may hold cargo instead of (or in addition to) initiating LD claims.

If you have any questions regarding this matter, you may send them to security_filing_general@cbp.dhs.gov

Full Enforcement ISF

Tuesday, May 12, 2015

 

Full Enforcement ISF

On May 14, 2015 CBP will begin full enforcement of ISF.  Overall there are no changes to the Regulation, but local ports now have the full authority to issue liquidated damages for late/inaccurate filings without the need to process through CBP headquarters.  The process of issuing warning letters to importers of late/inaccurate filings is also no longer required prior to accessing liquidated damages.  All liquidated damage claims will now be issued on a uniform CBP letterhead.

In a webinar held on May 5, 2015 CBP once again stressed the importance ISF timeliness and accuracy.  CBP placed heavy emphasis on the requirements that the ISF must be filed against the lowest Bill of Lading and receipt of the Bill of Lading match message timely.  Without the Bill of Lading match, the ISF filing is not visible to CBP.  Timeliness is determined by the VDM (vessel departure message) that the carriers are responsible for reporting.  At this time the ISF data is not being compared against the Customs entry data, but in the webinar CBP stated this does indeed happen in some instances where a hold is placed on the cargo due to no ISF on file at the time of arrival in the US.  CBP encouraged importers to use the ISF reports available to them in the ACE portal to help monitor ISF status.

Below are some helpful links containing additional information on this subject matter.

http://www.cbp.gov/trade/stakeholder-engagement/webinars

Importer Security Filing (ISF) Enforcement

Thursday, March 26, 2015

 Importer Security Filing (ISF) Enforcement

FHK began educating our clients about the proposed ISF ruling in 2008 to prepare for implementation in 2009.  ISF requires every shipper importing to the U.S. to communicate specific information and documentation to CBP prior to cargo being laden on an exporting vessel.  In July 2013 CBP began an enforcement review period known as  “informed compliance outreach”,  that was expected to last twelve months and later extended to May 13, 2015. CBP port directors have been advised to focus enforcement efforts on severe violations such as ISF filings that are “significantly late” or missing.

How will this affect filers? With little or no provision for warning, those filers especially higher-volume filers, who have already had CBP pursue a liquidated damage claim against their bond may be faced with additional potential fines.

For more information please click on the link below:

http://www.cbp.gov/sites/default/files/documents/Addendum%20to%20FAQ_Updated%20ISF%20Enforcement%20Strategy.pdf

 

LATE ISF SUBMISSIONS

Monday, December 15, 2014

LATE ISF SUBMISSIONS

CBP issued a Cargo Systems Messaging Service (CSMS) advising the trade that effective January 10, 2015, late ISF submissions will no longer be exempt from the bond requirement and most ISF transactions will require a bond when they are filed. Importers are advised to ensure that bonds are in place to cover the ISF transaction prior to the cargo being loaded on the vessel destined for the United States in order to avoid delay or examination upon arrival.

To electronically enforce this requirement, ISF Types 5 and 6 (Late ISF-10- No Bond and Late ISF-5- No Bond, respectively) will no longer be accepted as of January 10, 2015. Updated IG documentation will be published to the CBP website.

LA/LB Seaport ISF Enforcement

Tuesday, September 30, 2014

Los Angeles/Long Beach Seaport ISF Enforcement

 

Importer Security Filing (ISF) policy requires that all ISF information on a shipment bound for the U.S. must be submitted to U.S. Customs and Border Protection (CBP) 24 hours prior to lading on the vessel at the foreign port. In July of 2013, CBP implemented a strategy to improve ISF compliance.

CBP at the LA/LB Seaport has been enforcing ISF policy 48 hours prior to a vessel arriving at the port. Per CSMS message #14-000520, on October 1, 2014, the LA/LB Seaport will increase enforcement for ISF “no-file” shipments. They will continue to place manifest holds on all cargo that does not have an ISF on file 72 hours before a vessel arrives at the seaport and will monitor existing holds to ensure the ISF information is filed.

CBP will determine if ISF information submitted warrants additional enforcement actions, including liquidated damages, for repeat “no file” offenders.

The trade community may contact CBP via email at the LA/LB Seaport, after vessel arrival, to request shipment status at LALBATU@cbp.dhs.gov

 

CSMS 14-000520

ISF Enforcement

Monday, June 2, 2014

 ISF Enforcement Strategy

Last month U.S. Customs and Border Protection (CBP) Headquarters provided updated guidance to the ports regarding ISF enforcement and the issuance of liquidated damages claims. The guidance calls for three warnings to an importer before issuing a claim for ISF noncompliance. CBP states the guidance is to clarify and enhance current ISF enforcement activity. The updated guidance is a result of CBP HQ’s review of claims since July, 2013.

CBP recently issued an addendum to the ISF FAQs to outline the enforcement strategy. To view the new addendum, please follow the link below:

 http://www.cbp.gov/sites/default/files/documents/Addendum%20to%20FAQ_Updated%20ISF%20Enforcement%20Strategy.pdf